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JACKSON CONST., INC. v. SMITH

No. 30,454.

277 P.3d 470 (2012)

2012-NMCA-033

JACKSON CONSTRUCTION, INC., A New Mexico Corporation, and Paul Jackson, Qualifying Party for Jackson Construction Inc., Petitioners-Appellees, v. Glenn R. SMITH, in his capacity of Director, State of New Mexico Workers' Compensation Administration, Respondent-Appellant.

Court of Appeals of New Mexico.

February 15, 2012.

Attorney(s) appearing for the Case

Robert M. Doughty II, P.C., Robert M. Doughty II , Alamogordo, NM, for Appellees.

Workers' Compensation Administration, Roberta Y. Baca , Assistant General Counsel, Albuquerque, NM, for Appellant.

OPINION

HANISEE, Judge.

{1} Paul Jackson is the sole owner of Jackson Construction, Inc. (JCI), a New Mexico-licensed general contractor. JCI does not employ any workers or executives other than Mr. Jackson, who serves as JCI's president and sole board member. In 2008, Mr. Jackson affirmatively elected to exempt himself from coverage by the Workers' Compensation Act (the Act). We are asked to decide in light of Mr. Jackson's election, whether...

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